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(영문) 서울북부지방법원 2018.12.21 2018고단3527
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On August 24, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Northern District Court (Seoul Northern District Court) and the judgment was finalized on April 25, 2017. On June 24, 2017, the Seoul Northern District Court sentenced that he was sentenced to six months of imprisonment for an intentional act of securities and became final and conclusive on March 23, 2018.

[Criminal facts] The Defendant, around November 30, 2015, collected the victim D from the “C” camera located in Gangnam-gu Seoul Metropolitan Government (Seoul), “Seongbuk-dong, which has a large amount of rain funds to be worn out.”

The National Assembly member E intends to take out the funds in addition to the National Assembly member E, and a copy of the head of the Tong in which 10 billion won is required.

It would be paid the principal amount of KRW 50 million and the case cost of KRW 50 million by borrowing KRW 50 million at the expense of seeking a copy of the head of the Tong within one month.

The F makes a final approval of the F to receive the funds, and the F may return the money immediately after obtaining the approval.

If the funds are not recovered due to the well-known day, 50 million won of the borrowed money shall be repaid.

“A false representation was made.”

However, the defendant was thought that he would receive money from the injured party to use it as debt repayment, accommodation expenses, etc., and the person who holds the funds was able to recover the funds using the money from the injured party, and there was no intention or ability to pay the borrowed money and case expenses to the injured party.

On December 1, 2015, the Defendant: (a) by deceiving the victim; and (b) issued a chapter G Bank Check (H) of the face value of KRW 50 million to the trade name in the Jung-gu Seoul Special Metropolitan City, Jung-gu around December 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to D;

1. Statement made by the prosecution with regard to D;

1. Investigation report (to have a witness I telephone conversations);

1. Investigation report (victim D telephone communications);

1. Financial information, including a report on investigation (1) and a copy of a check attached thereto;

1. Each investigation report (the check tracking 2,3).

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